Heath v. Walker

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner was found guilty after a Tier III hearing of violating inmate rules 100.13 (7 NYCRR 270.2 [B] [1] [iv] [fighting]) and 106.10 (7 NYCRR 270.2 [B] [7] [i] [failing to obey promptly an order of a correction officer]). The misbehavior report, together with the author’s testimony, constitutes substantial evidence supporting the determination (see, Matter of Green v Williams, 252 AD2d 974; Matter of Rivers v Williams, 252 AD2d 986). The testimony of petitioner and the inmate witness called by him to…